The purpose of this article is to provide the minimum requirements and material standards for the design and construction of roads and pavements and the necessary grading standards for new construction within any public right-of-way or easement.
A. 
All road sections shall be constructed to the dimensions as specified in the standard details.[1]
[1]
Editor's Note: Standard detail drawings are on file in the Town offices.
B. 
Adequate drainage shall be provided for all paved surfaces in accordance with Articles IV and VI of these requirements.
C. 
All materials and construction shall comply with the current Standard Specifications of the New York State Department of Transportation and the Town of Niagara.
A. 
All road infrastructure and pavements shall be constructed in strict accordance with the approved plans. The construction layout for all phases of the road infrastructure and pavement shall be the responsibility of the developer. The Town will provide inspection of the construction of the road pavement. Cut sheets and grade reference will be provided by the developer to the Town during all phases of the construction. The developer shall provide as-built drawings for the completed construction as specified in § 135-25 of these specifications.
B. 
Width, location and construction. Streets shall be of sufficient width, suitably located and adequately constructed to conform with the Master Plan and to accommodate the prospective traffic and afford access for fire fighting, snow removal and other road maintenance equipment. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system.
C. 
Arrangement. The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions, and for proper projection of proposed streets into adjoining properties which are not yet subdivided, in order to facilitate the orderly movement of traffic and the extension of needed utilities and public services such as sewers, water and drainage facilities. Street extensions shall be constructed in accordance with Town specifications. Where, in the opinion of the Planning Board, topographic or other conditions make the continuation of existing streets undesirable or impracticable, the above conditions may be modified.
D. 
Minor streets. Minor streets shall be so laid out in a way that discourages their use by through traffic.
E. 
Frontage on major streets.
(1) 
When a subdivision abuts or contains an existing or proposed major arterial street, the Planning Board may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(2) 
To avoid landlocking developable areas, the contiguous development (both existing and planned) of frontages along major streets shall not exceed a distance of 2,000 feet before a street right-of-way is provided for access to any developable land behind such frontages.
F. 
Provision for future resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Planning Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations.
G. 
Dead-end streets. The creation of dead-end or loop residential streets will be permitted wherever the Board finds that such type of development will not interfere with normal traffic circulation in the area. In the case of dead-end streets, where needed or desirable, the Planning Board may require the reservation of a twenty-foot-wide easement to provide for continuation of pedestrian traffic and utilities to the next street.
H. 
Block size. Blocks Generally shall not be less than 400 feet nor more than 1,200 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet in length, the Planning Board may require the reservation of a twenty-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a four-foot-wide paved foot path be included.
I. 
Intersections with collector or major arterial roads. Minor or secondary street openings into such roads shall be a minimum of 500 feet apart.
J. 
Street jogs. Street jogs with center line offsets of less than 125 feet shall be avoided.
K. 
Angle of intersection. In general, all streets shall join each other so that, for a length of at least 100 feet from the point at which the streets join, each street is approximately at an angle of 90° to the street it joins.
L. 
Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography. To preserve tree life, street grades in wooded areas shall be low enough so as not to require additional fill.
M. 
Other required streets. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
A. 
Widths of rights-of-way pavements. When not indicated on the Master Plan or Official Map, the classification of streets shall be determined by the Planning Board. Streets shall have the following widths:
Arterial
Collectors and Minor Streets
(feet)
Outside Radius of Cul-de-sac
(feet)
Marginal Access
(feet)
Minimum right-of-way
As determined by state or county road authorities
66
75
40
Minimum pavement
As determined by state or county road authorities
24
56
20
B. 
Improvements. Streets shall be graded and improved with pavements, sidewalks, storm drainage facilities, water mains, sewers, signs, streetlighting, street trees and fire hydrants, except that the Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare. Notwithstanding the foregoing, the Planning Board may not waive any stormwater drainage facilities that are provided for in a stormwater pollution prevention plan (SWPPP) approved by the Town, unless such SWPPP is revised accordingly and the revised SWPPP is approved by the Town as provided in § 245-61 of the Town Code. Pedestrian easements shall be improved as required by the Town Engineer. Such grading and improvements shall be approved, as to the design and specifications, by the Town Engineer.
[Amended 12-11-2007 by L.L. No. 3-2007]
(1) 
Fire hydrants. Installation of fire hydrants shall be in conformity with all Town requirements and standard thread and nut dimensions as specified by the New York Fire Insurance Rating Organization and the Division of Fire Safety of the State of New York.
(2) 
Streetlighting facilities. Lighting facilities shall be in conformance with the lighting system of the Town. Such lighting standards and fixtures shall be installed after approval by the appropriate energy company and authorized Town Inspector.
C. 
Utilities in streets. The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved.
D. 
Utility easements. Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least 20 feet in width shall be otherwise provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.
E. 
Grades. Grades of all streets shall conform in general to the terrain and shall not be less than 1/2 nor more than 6% for major or collector streets or 10% for minor streets in residential zones, but in no case more than 3% within 50 feet of any intersection.
F. 
Changes in grade. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Town Engineer so that clear visibility shall be provided for a safe distance.
G. 
Curve radii at street intersections. All street right-of-way lines at intersections shall be rounded by curves of at least twenty-foot feet radius and curbs (if required) shall be adjusted accordingly.
H. 
Steep grades and curves; visibility of intersections. A combination of steep grades and curves must be avoided. In order to provide visibility for traffic safety, that portion of any comer lot, whether at an intersection entirely within the subdivision or the intersection of a new street with an existing street, which is shown shaded on Sketch A,[1] shall be cleared of all growth (except isolated trees) and obstructions above the level three feet higher than the center line of the street. If directed, the shaded ground shall be excavated to achieve visibility.
[1]
Editor's Note: Sketch A is on file in the Town offices.
I. 
Dead-end streets (culs-de-sac). Where dead-end streets are designed to be so permanently, they should, in general, not exceed 500 feet in length and shall terminate in a circular turnaround having a minimum outside right-of-way radius of 75 feet and a pavement radius of 56 feet. At the end of temporary dead-end streets, a temporary turnaround shall be provided in accordance with Town Standard Specifications.
J. 
Watercourses.
(1) 
Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town Engineer.
(2) 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required by the Town Engineer. In no case shall this easement or right-of-way be less than 20 feet in width.
K. 
Curve radii. In general, street lines within a block, deflecting from each other at any one point by more than 10°, shall be connected with a curve, the radius of which for the centerline of the street shall not be less than 400 feet on major streets, 200 feet on collector streets and 100 feet on minor streets.
L. 
Service streets or loading space in commercial development. Paved rear service streets of not less than 20 feet in width, or in lieu thereof, adequate off-street loading space, suitably surfaced, shall be provided in connection with lots designed for commercial use.
M. 
Free flow of vehicular traffic in abutting commercial developments. In front of areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial use is contemplated, the street width shall be increased by such amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles and to provide adequate and safe parking space for such commercial or business district.
A. 
Type of name. All street names shown on a preliminary plat or subdivision plat shall be approved by the Planning Board. In general, streets shall have names and not numbers or letters.
B. 
Names to be substantially different. Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names, except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Generally, no street should change direction by more than 90° for a distance of over 1/2 mile without a change in street name.
A. 
Subbase.
(1) 
Clearing and grubbing operations in accordance with § 135-28 of these specifications, as well as all underground utility construction, including pavement underdrains and adjustment of drainage structures to final grade, shall be completed prior to any subbase construction.
(2) 
The subbase shall be of suitable compacted earth free from standing water, ruts and depressions and frozen material. Any areas which contain unsuitable material shall be removed to a depth as directed by the Town and backfilled with No. 3 stone. (See § 135-33.) The cost of testing of the subgrade using the CBR (California Bearing Ratio) test or the applicable ASTM testing methods when requested by the Town shall be borne by the developer.
(3) 
The use of hydrated lime or cement to stabilize the subbase will not be permitted without prior written permission of the Town.
(4) 
Curb and gutter sections (where specified on the approved plans) shall be constructed, set to line and grade, using the prepared subbase.
B. 
Base.
(1) 
Construction of the base shall commence only upon the satisfactory completion of the entire subbase preparation and curb and gutter construction.
(2) 
Crushed stone used for the pavement base shall be the type as specified on the approved plans. Stone shall be placed in uniform layers and compacted using rubber-tired, steel-wheeled or vibratory roller equipment. Compaction shall continue until 95% of the maximum laboratory density as determined by ASTM D 1157 or the in-place density as measured by ASTM Method D 2167 or by methods as approved by the Town is achieved. The cost of all testing of the subbase, when requested in writing by the Town, will be paid by the developer.
(3) 
After compaction, the surface of the completed base shall not show any deviation in excess of 1/2 inch when tested with a ten-foot long straight edge. The average thickness of the base shall not vary more than 1/2 inch from the design thickness.
A. 
The base shall consist of select granular fill material of sound, hard, durable crushed stone. The particles shall be of such size that all the material will pass a three-inch-square sieve, not more than 70% by weight shall pass a No. 40 mesh sieve, and not more than 10% by weight shall pass a No. 200 mesh sieve, as determined by washing through the sieve in accordance with ASTM D 422.
B. 
The minimum design thickness shall be as shown on the standard detail.[1] The average thickness after compaction shall not vary more than 1/2 inch from the design thickness and the finished surface shall not vary more than 1/2 inch when tested with a ten-foot straight edge.
[1]
Editor's Note: Standard detail drawings are on file in the Town offices.
C. 
The base shall be evenly spread in layers and compacted using steel-roller-type equipment to the proper grade. The base material shall be compacted to a minimum of 100% of the standard proctor density in accordance with ASTM C 698 for the full depth of the base material.
D. 
The cost of any laboratory testing required to certify compliance with the standards for compaction as stated above shall be paid for by the developer at no cost to the Town.
E. 
Any areas disturbed prior to construction of the pavement shall be regraded and recompacted in accordance with the standards as stated above.
Standards for pavements are as follows.
A. 
General requirements.
(1) 
All descriptions, materials and construction details used for the construction of portland cement concrete pavement shall conform to the latest New York State Department of Transportation Standard Specifications for Construction and Materials, as referenced to the following sections:
(a) 
Section 500, Rigid Pavements.
(b) 
Section 700, Materials Details.
(2) 
All materials and testing shall conform to the latest specifications of the American Society for Testing and Materials (ASTM).
(3) 
All concrete for pavement shall be ready-mixed concrete, manufactured at a NYSDOT approved plant, in accordance with ASTM C 94. All concrete shall be Class A concrete (3,500 psi). See § 135-38 of these specifications for reference.
B. 
Design requirements.
(1) 
All new concrete roadway pavement shall be a minimum eight inches thick unless otherwise requested by the Town.
(2) 
All new concrete pavement shall be reinforced, with the specified system of joints, and constructed in accordance with Section 502 of the NYSDOT Standard Specifications and in accordance with the approved plans.
(3) 
The cost of any testing of concrete shall be borne by the developer when requested by the Town.
C. 
Concrete materials.
(1) 
Cement shall be portland cement conforming to the requirements of ASTM C 150 for Type II.
(2) 
Concrete shall be a homogenous mixture of portland cement, coarse aggregate, fine aggregate, water and air-entraining admixture. Concrete proportions, minimum cement content, maximum water content, strength, air content and slump shall conform to Section 500 of the NYSDOT Standard Specifications.
D. 
Concrete reinforcement.
(1) 
Concrete base course and sidewalk reinforcement shall be six inches by six inches by 6/6 welded steel wire fabric conforming to requirements of ASTM A 185.
(2) 
Concrete curb reinforcement shall be deformed billet-steel base conforming to requirements of ASTM X 615 for Grade 40.
E. 
Concrete curing materials.
(1) 
Concrete curing materials shall conform to requirements of NYSDOT Section 503.
F. 
Installation of concrete pavement. The installation of all portland cement concrete pavement with or without reinforcement shall comply with the standards and specifications of Section 502 of the NYSDOT Standard Specifications.
(1) 
Temporary pavement and a one-foot width of existing asphalt and cement concrete pavement adjoining each side of temporary pavement shall be removed as required to permit installation of new permanent pavement.
(2) 
Cuts required to remove existing pavement shall be neat, straight saw cuts to provide a sound structural interface between existing pavement and new permanent pavement.
(3) 
All broken pavement and excess subbase material shall be removed from the site and disposed of by the developer.
(4) 
Cement concrete base course shall be mixed, transported and, after proper preparation of surface of subbase course, shall be placed, compacted, finished and cured in accordance with NYSDOT Section 503. Top of new base course shall be flush with top of existing base course.
(5) 
After concrete base course has cured for a minimum of three days, its surface shall be properly prepared and completely coated with asphalt emulsion tack coat applied at a 0.05 to 0.10 gallons per square yard rate in accordance with NYSDOT Section 407.
(6) 
See § 135-85 for asphalt concrete pavements.
A. 
General requirements.
(1) 
All descriptions, materials and construction details for asphalt pavement construction shall conform to the latest New York State Department of Transportation Standard Specifications for Construction and Materials:
New York State Department of Transportation
(NYSDOT)
Section
203
Excavation and Embankment
Section
304
Subbase Course
Section
401
Plant Mix Pavements - General
Section
405
Cold Mix Bituminous Pavement (Open Graded)
Section
407
Tack Coat
Section
702
Bituminous Materials
Section
703
Aggregate
(2) 
All materials and testing shall conform to the latest specifications of the American Society for Testing and Materials (ASTM).
(3) 
Permanent roadway pavement shall consist of the in-place subbase and base courses as specified in § 135-81, asphalt tack coat, asphalt concrete binder course and asphalt concrete top course installed to the thickness as shown on the approved plans.
B. 
Design thickness requirements. All new asphalt pavement construction for roadways shall consist of a minimum six-inch compacted base with a three-inch hot mixed binder-surface combination. The use of a tack coat is required.
C. 
Asphalt pavement materials.
(1) 
Asphalt concrete base course shall conform to material and proportioning requirements of NYSDOT Section 401 for Type 2 Base, Asphalt cement used in the mix shall be grade AC-10.
(2) 
Asphalt emulsion for tack coat shall conform to requirements of NYSDOT Section 702 for Grade HFMS-2h, SS-lh or CSS-1h.
(3) 
Asphalt concrete binder course shall be NYSDOT Type 3 binder consisting of viscosity grade AS-10 asphalt cement conforming to NYSDOT Section 702 and aggregate conforming to NYSDOT Section 703.
(4) 
Asphalt cement for coating edges of existing pavement and gutters shall conform to requirements of NYSDOT Section 702.
(5) 
Asphalt concrete top course shall be NYSDOT Type 8 Top consisting of viscosity grade AC-20 asphalt cement conforming to NYSDOT Section 702 and aggregate conforming to NYSDOT Section 703.
D. 
Temporary asphalt pavement.
(1) 
Temporary pavement will be required to restore existing roadway or pavement condition to a suitable and safe condition for maintenance of pedestrian and vehicular traffic until such time that the excavation can be permanently paved.
(2) 
The developer is responsible for the maintenance of all temporary pavements used for the duration of the project.
(3) 
Just prior to permanent paving, the developer shall remove all temporary pavement, recompact the base if needed and provide permanent pavement in accordance with the requirements of this article.
E. 
Installation of temporary pavement.
(1) 
All areas where existing pavement has been removed shall be temporarily repaved with specified subbase course and asphalt concrete top course installed to the thicknesses indicated on the drawings.
(2) 
Prior to the installation of temporary pavement, a one-foot width of the existing asphalt and cement concrete pavement adjoining each side of the excavation shall be removed. Cuts required to remove existing asphalt shall be neat, straight saw cuts to provide a sound structural interface between existing pavement and temporary pavement. All broken pavement shall be removed from the site.
(3) 
After proper preparation of subgrade, subbase course shall be placed, compacted and protected in accordance with NYSDOT Section 304.
(4) 
Asphalt concrete top course shall be mixed, held, hauled and after proper preparation of surface of subbase shall be spread and compacted in accordance with NYSDOT Section 401. Surface of compacted top course shall be flush with surface of existing pavement.
(5) 
When, due to cold weather, hot mix asphalt concrete is not available from asphalt plants for top course, specified cold mix top course shall be substituted and shall be mixed, spread, compacted and sealed in accordance with NYSDOT Section 405.
(6) 
All temporary paving shall be maintained in a suitable and safe condition until installation of permanent paving is ordered by the Town. Any depressions which develop shall be acceptably repaved when directed. Spots in the pavement which show signs of deficient bitumen or raveling shall be repaired by hand and, if deemed necessary, the surface shall be rerolled in a satisfactory manner.
F. 
Installation of permanent pavement.
(1) 
Cuts required to remove existing pavement shall be neat, straight saw cuts to provide a sound structural interface between existing pavement and new permanent pavement.
(2) 
All broken pavement and excess subbase material shall be removed from the site.
(3) 
In-place subbase course shall be leveled and recompacted in accordance with NYSDOT Section 304.
(4) 
Asphalt concrete binder course shall be mixed, held, hauled and, after tack coat asphalt and water have completely separated, spread and compacted in accordance with NYSDOT Section 401.
(5) 
Before spreading asphalt concrete top course, edges and six inches of adjoining top surface of existing asphalt pavement shall be uniformly coated with specified hot asphalt cement.
(6) 
Asphalt concrete top course shall be mixed, held, hauled and, after surface of binder course has been properly prepared and edge of existing pavement coated with asphalt cement, spread and compacted in accordance with NYSDOT Section 401. After top course has been spread and screened to proper grade and prior to compaction, junction of new and existing pavement shall be sealed with hot smoothing irons.
(7) 
Surfaces of finished pavement shall be tested for variation with a ten-foot straight edge or string line. Variations exceeding 1/8 inch shall be satisfactorily eliminated or the pavement relaid. Imperfections in the surface shall be corrected by use of hot smoothing irons and L.P. gas torches.
A. 
Curbs.
(1) 
All new curbs shall be made of granite sections or portland cement concrete and constructed in accordance with Section 609 of the NYSDOT Standard Specification.
(2) 
All concrete curbs shall be reinforced, as shown on the standard detail.[1] All portland cement concrete for curb construction shall comply with § 135-38 of these specifications.
[1]
Editor's Note: Standard detail drawings are on file in the Town offices.
(3) 
All granite curbs shall be placed in a bed of Class B concrete to the dimensions as shown on the standard detail.[2]
[2]
Editor's Note: Standard detail drawings are on file in the Town offices.
B. 
Sidewalks and drives.
(1) 
All sidewalks, where requested by the Town, will be constructed of concrete in accordance with this article.
(2) 
Sidewalks shall be four feet wide, reinforced with six inches by six inches by 6/6 woven wire mesh, and sloped toward the road at 1/4 inch per foot as shown on the standard detail.[3]
[3]
Editor's Note: Standard detail drawings are on file in the Town offices.
(3) 
Sidewalks shall be four inches thick in all cases except at driveway crossing where the thickness shall be six inches. All sidewalks shall be continuous through driveways.
(4) 
Transverse joints are required at every five-foot interval or fraction thereof. Premolded bituminous joint fillers, 3/4 inch thick and a minimum two inches in depth, shall be placed every 20 feet or fraction thereof and where new sidewalks meet existing concrete pavements.
C. 
Driveways. No concrete driveways are allowed within the public right-of-way. Exceptions:
[Amended 10-16-2012]
(1) 
Driveways being constructed with materials listed under all valid New York State Department of Transportation permits.
(2) 
Minor repairs to previously approved existing concrete driveways.
(3) 
New driveway construction (to include widening and replacement) permits issued by the Town of Niagara Highway Superintendent which contain a hold harmless agreement and/or bond, approved and filed with the Town of Niagara. No permit shall allow concrete within two feet of the street line.
D. 
Responsibility. The Town of Niagara shall not be held responsible for damages to or the cost of repairs and/or replacement of any/all concrete placed on public rights-of-way.
[Added 10-16-2012]
[Amended 12-11-2007 by L.L. No. 3-2007]
The purpose of the grading plan is to provide a means of adequate drainage for surface runoff while providing protection of both persons and property. Except in accordance with a stormwater pollution prevention plan approved by the Town in accordance with § 245-61 of the Town Code, positive drainage should be provided over the extent of the project site as well as provisions for drainage of adjacent lands which presently drain onto the project area. This may be done by use of existing drainage facilities, with improvements as warranted and/or construction of new structures or ditches.
[Amended 12-11-2007 by L.L. No. 3-2007]
A. 
Pavements.
(1) 
All pavement areas shall be adequately drained of surface runoff.
(2) 
Runoff from the project site shall not be allowed to be discharged onto adjacent open lands or pavement areas. On-site positive drainage is required. Curbs, swales, berms and ditches may serve as a barrier for drainage across adjacent properties.
(3) 
Drainage structures shall be so located as to provide positive drainage of pavement areas without ponding. Storm drains shall be sized per the requirements of § 135-48, Storm drainage design criteria, unless the project is subject to regulation under Article XIV of Chapter 245, Zoning, of the Town Code, in which case storm drains shall be sized in accordance with the standards set forth therein.
(4) 
Pavements should be graded so that adjacent buildings and open areas can accept surface runoff freely at all times. If open areas cannot be drained in this manner, additional drainage structures shall be provided.
(5) 
Under no circumstances will pavement areas other than sidewalks, driveway aprons or drive approaches be allowed to drain onto the adjacent right-of-way without permission of the Town of Niagara and/or the agency whose jurisdiction the right-of-way applies.
(6) 
Minimum grades.
(a) 
Concrete (roadways or approaches): 0.50%.
(b) 
Concrete driveways and sidewalks: 1/4 inch per foot (cross-slope).
(c) 
Asphalt pavement: as directed by Highway Superintendent and Town Engineer, after review.
(7) 
Stormwater pollution prevention plan. Notwithstanding the foregoing, the design and construction of all pavement areas shall comply with any stormwater pollution prevention plan (SWPPP) approved by the Town. Minimum grades shall not apply and positive drainage shall not be required where grading and drainage facilities have been approved by the Town pursuant to a SWPPP.
B. 
Lawn and open areas.
(1) 
Lawn and open areas shall be positively drained by use of swales, ditches and/or drainage structures. Such areas should be seeded, sodded or provided with vegetation as to prevent erosion of soils.
(2) 
Grading shall be provided such that adequate drainage is provided in respect to the surface treatment.
(a) 
Minimum grades over lawn and landscaped areas should be 1%.
(b) 
Minimum grades over undeveloped or unimproved areas should be 1% if possible.
(c) 
Minimum grades over gravel and stone should be 1%.
(3) 
Drainage structures shall be constructed and connected to a free outlet for all areas which cannot be adequately drained by overland means.
(4) 
Stormwater pollution prevention plan. Notwithstanding the foregoing, the design and construction of all lawn and open areas shall comply with any stormwater pollution prevention plan (SWPPP) approved by the Town. Minimum grades shall not apply and positive drainage shall not be required where grading and drainage facilities have been approved by the Town pursuant to a SWPPP.
A. 
Applicability.
[Amended 12-11-2007 by L.L. No. 3-2007]
(1) 
Except for those construction activities subject to regulation under Article XIV of Chapter 245, Zoning, of the Town Code, the erosion control measures set forth in this section shall be provided when requested by the Town for the following areas:
(a) 
New construction adjacent to existing creeks or other waterways.
(b) 
Adjacent to areas where persons and property may be endangered or damaged.
(c) 
Where traffic flow warrants such measures.
(2) 
All construction activities subject to regulation under Article XIV of Chapter 245, Zoning, shall comply with the performance and design criteria and standards set forth therein and a stormwater pollution prevention plan shall be required as provided in § 245-62 of the Town Code.
B. 
Plans.
(1) 
At the written request of the Town, the owner shall submit as part of his engineering design plans a plan for adequately containing and reducing the possibility of erosion of soil during construction. This applies either to erosion caused by the winds or by water or both.
(a) 
The owner, as part of the erosion control plan, shall submit a schedule for implementation of such control measures prior to the final approval of design plans by the Town Board. The approved schedule shall be strictly enforced for all phases of the new construction.
(b) 
It shall be the owner's responsibility to maintain said erosion control measures for the duration of the new construction. The Town of Niagara will periodically inspect these measures and will request in writing any revisions or repairs as needed during the entire duration of the project.
(2) 
The owner may request a revision to the approved erosion control plan and/or schedule with a thirty-day written notice in advance of the proposed revision. No alterations or changes to the approved erosion control plan and/or schedule without written permission of the Town of Niagara.
C. 
Jurisdiction.
(1) 
All erosion control plans and schedules are subject to review by any and all agencies whose jurisdiction over protection of existing waterways governs.
(2) 
The owner shall submit all plans, pay all fees and obtain all permits required to gain approval of the erosion control plan prior to final approval of design plans by the Town.
D. 
Recommended control measures.
(1) 
The Town recommends but does not limit it to the following list of erosion control measures:
(a) 
Swales with filtered outlets.
(b) 
Berms.
(c) 
Straw filters (staked in place).
(d) 
Sedimentation basins with controlled outlets.
(e) 
Temporary sumps or pits.
(2) 
The owner shall maintain said erosion control measures and provide protection of life and property near said measures for the duration of the installation.
(3) 
Standing water for extended periods will not be allowed. Such ponds shall be drained periodically to reduce health hazards by the owner.
(4) 
Buildups of sediment and debris shall be periodically removed to keep the erosion control measures operating properly by the owner for the duration of the installation.
A. 
Roadside ditches.
(1) 
All roadside ditches shall be graded as to provide drainage from the pavement surface and positive drainage to an outlet. In no case shall a roadside ditch be designed for ponding storage or retention. Recommended minimum slope: 0.50%.
(2) 
Cross section.
(a) 
The required cross section for roadside ditches shall either be triangular or trapezoidal. Dimension of the cross section shall be determined by the required capacity, but under no circumstances should a cross section be designed which will create a hazard to persons or motor vehicles.
(b) 
Side slopes shall be a minimum 3 to 1 slope.
(c) 
All sideslopes and bottom shall be seeded upon completion of the project prior to the issuance of the occupancy permit by the Town.
(3) 
Driveway culverts in roadside ditches.
(a) 
The length of driveway culverts shall be determined as to attain smooth slopes and smooth grading between the roadside ditch and the driveway. Culverts should extend a minimum of three feet beyond edge of driveway.
(b) 
For all construction activities subject to the requirements of Article XIV of Chapter 245, Zoning, of the Town Code, culverts shall be designed and constructed in accordance with the performance and design criteria and standards set forth in such article and in accordance with a stormwater pollution prevention plan approved by the Town. For all construction activities not subject to the requirements of Article XIV of Chapter 245, Zoning, of the Town Code, see § 135-48, Storm drainage design criteria, for materials and sizes.
[Amended 12-11-2007 by L.L. No. 3-2007]
(4) 
Maximum depth of roadside ditches.
(a) 
The invert of roadside ditches shall not be greater than four feet below the adjacent edge of pavement at any point along the ditch line.
(b) 
The use of enclosed drainage structures is required when a roadside ditch at a depth greater than four feet results.
B. 
Drainage ditches (open channels).
(1) 
The configuration for open channels shall be as specified in § 135-48, Storm drainage design criteria, unless the construction activity is subject to the requirements of Article XIV of Chapter 245, Zoning, of the Town Code, in which case the configuration for open channels shall comply with the performance and design criteria and standards set forth in such article.
[Amended 12-11-2007 by L.L. No. 3-2007]
(a) 
The maximum sideslope on all open channels shall be a maximum 3 to 1.
(b) 
Sideslopes and bottom shall be seeded.
(c) 
Bends or angles in the channel shall be so constructed as to produce a smooth and continuous configuration. A minimum radius of curvature to the center line of the channel is 100 feet.
(d) 
Riprap of the sideslopes is required for all changes in direction or bends which are less than a one-hundred-foot radius to the center line of the channel. See § 135-57, Open channel drainage design criteria, for sizing and construction standards for riprap.
(e) 
The use of a paved invert and sideslopes is not permitted without prior written approval by the Town.
(2) 
In general, the configuration, alignment and grading of open channels should remain constant for the entire length of the open channel construction to prevent erosion and scour of the bottom and sideslopes.
(3) 
The enclosure of existing watercourses or drainage channels will create a hazardous condition to persons or property adjacent to the proposed construction. Sizing of said enclosures shall be determined as per the standards in § 135-48, Storm drainage design criteria, unless the enclosure is subject to the requirements of Article XIV of Chapter 245, Zoning, of the Town Code, in which case the sizing of such enclosures shall be determined pursuant to the performance and design criteria and standards set forth in such article.
[Amended 12-11-2007 by L.L. No. 3-2007]
A. 
Highway control. Any contractor, utility, property owner or tenant using Town roads or highways or rights-of-way for construction purposes shall be pecuniarily responsible for any and all damage inflicted upon Town roads or highways or rights-of-way. Further, such contractor, utility, property owner or tenant using Town roads or highways or rights-of-way shall bear responsibility for the maintenance of work areas and streets.
B. 
Permit and bonding. No use of any Town road or highway or right-of-way for construction purposes shall be permitted without a permit issued by the Town Building Inspector, the cost of which may be established, from time to time, by resolution of the Town Board. In addition, any contractor, utility, property owner or tenant shall post a bond or refundable security deposit with the Town Building Inspector in the amount of $1,000 during the time of construction. Upon completion of construction, as determined by the Town Building Inspector, the Highway Superintendent, the Town Public Works Engineer or their designee, the bond may be canceled or the security deposit refunded.
C. 
Traffic control and maintenance. It will be the contractor's responsibility to maintain traffic, both vehicular and pedestrian, in a safe and efficient manner throughout the entire period of construction and during any remedial work. The public's convenience and safety shall be of the highest priority.
D. 
Signs and barricades. All signs and barricades and methods of controlling traffic shall be as shown in the latest edition of the NYSDOT Manual of Uniform Traffic Control Devices.
E. 
Traffic plan. Prior to any construction, the contractor shall submit to the Town a plan indicating the location of any traffic disruption. The plan shall indicate temporary bypasses, types of signs and barricades to be used and routes that construction-related vehicles will utilize. No construction shall commence until said plan is approved by the Town.
F. 
Maintenance of work areas and streets. The contractor shall be responsible for the control of dust, dirt, mud and any other condition generated by his or her operations that creates a nuisance and or inconvenience to the public or owner. This responsibility shall extend to all work areas and streets affected by the contractor's operations. Work areas shall be maintained by whatever methods and equipment are necessary to ensure that dust, dirt, mud and any other undesirable condition is kept to an absolute minimum. All streets affected by any of the aforementioned conditions caused by the contractor's operations shall be cleaned at least once a day or as often as in the judgment of the owner is necessary. The contractor will be required to utilize modern equipment, methods and materials to fulfill these requirements, such as, but not limited to, graders, mechanical brooms, water trucks, covers for hauled materials in trucks, tractors with loader attachment, and the like.